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ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analysed in accordance with the following principles: 6.1 Use of Accredited, Approved and Other Laboratories 6.1.1 For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analysed only in WADA -accredited laboratories or laboratories otherwise approved by WADA .
The choice of the WADA -accredited laboratory or WADA -approved laboratory used for the Sample analysis shall be determined exclusively by the WSF or the National Federation responsible for Results Management.
6.1.2 As provided in Article 3.2, facts related to anti -doping rule violations may be established by any reliable means.
This would include, for example, relia ble laboratory or other forensic testing conducted outside of WADA -accredited or approved laboratories.
[Comment to Article 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a WADA -accredited laboratory or another labor atory approved by WADA.
Violations of other Articles may be established using analytical results from o ther laboratories so long as the results are reliable.]
6.2 Purpose of Analysis of Samples and Data 6.2.1 Samples and related analytical data or Doping C ontrol information shall be analysed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to Article 4.5 of the Code or to assist the WSF 21 | P a g e or its National Federatio ns in profiling relevant parameters in an Athlete ’s urine, blood or other matrix, including DNA or genomic profiling; or for any other legitimate anti -doping purpose.
[Comment to Article 6.2.1: For example, relevant Doping Control -related information could be used to direct Target Testing or to support an anti -doping rule violation proceeding un der Article 2.2, or both.
6.3 Research on Samples and Data Samples , related analytical data and Doping Control information may be used for anti -doping research purpo ses, although no Sample may be used for research without the Athlete's written consent.
Samples and related analytical data or Doping Control information used for research purposes shall first be processed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete .
Any research involving Samples and related analytical data or Doping Control information shall adhere to the principles set out in Article 19 of the Code.
[Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered re search.
Sam ples and related information used for such permitted non -research purposes must also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19 of the C ode, as well as the requirements of the International Standard for Laboratories and International Standard for the Protection of Privacy and Personal information.]
6.4 Standards for Sample Analysis & Reporting In accordance with Article 6.4 of the Code, the WSF shall ask laboratories to analyse Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations .
[Comment to Article 6.4: The objective of this Article is to exten d the principle of “intelligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping.
It is recognised that the resources available to fight doping are limite d and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analysed.]
6.5 Further Analysis of a Sample Prior to or During Results Management or Hearing Process There shall be no limitation on the authority of a laboratory to conduct repeat or additi onal analysis on a Sample prior to the time the WSF notifies an Athlete that the Sample is the basis for an Article 2.1 anti -doping rule violation charge.
If after such notification the WSF wishes t o conduct additional analysis on that Sample , it may do so with the consent of the Athlete or approval from a hearing body.
6.6 Further Analysis of a Sample after it has been Reported as Negative or has Otherwise not Resulted in an Anti -Doping Rule Violation Charge After a laboratory has reported a Sample as neg ative, or the Sample has not otherwise resulted in an anti -doping rule violation charge, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping Organisation that initiated and directed Sample collection or WADA .
Any other Anti-Doping Organisation with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti -Doping Organisation that initiated and directed Sample collection or WADA , and shall be responsible for any follow -up Results Manageme nt.
Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organisation shall be at WADA’s or that organisation's expense.
Further a nalysis of Samples shall conform with the requirements of the International Standard for Laboratori es.
6.7 Split of A or B Sample Where WADA , an Anti-Doping Organisation with Results Management authority and/or a WADA accredited laboratory (with approval from WADA or the Anti-Doping Organisation with Results Management authority) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of the split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed.
6.8 WADA’s Right to Take Possession of Samples and Data WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possess ion of a laboratory or Anti- 22 | P a g e Doping Organisation .
Upon request by WADA , the laboratory or Anti-Doping Organisation in possession of the Sample shall immediately grant access to and enable WADA to take physical possession of the Sample .
If WADA has not provided prior notice to the laboratory or Anti-Doping Organisation before taking possession of a Sample , it shall provide such notice to the laboratory and to each Anti-Doping Organisation whose Samples have been taken by WADA within a reasonable time after taking possession.
After analysis and any investigation of a seized Sample , WADA may direct another Anti-Doping Organisation with authority to test the Athlete to assume Results Management responsibility for the Sample if a potential anti -doping rule violation is discovered.
[Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples could constitute Tampering, Complicity or an act of non -compliance as provided i n the International Standard for Code Compliance by Signatories and could also constitute a violation of the International Standard for Laboratories.
Where necessary, the laboratory and/or the Anti -Doping Organisation shall assist WADA in ensuring that the seized Sample and related data are not delayed in exiting the applicable country.
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti -doping rule violation, non -compliance by a Signatory or doping activities by another Person.
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge.
In particular, whether there is good cause or not shall not be a defence against an anti -doping rule violation or its Consequences.]
ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE & PROVISIONAL SUSPENSIONS Results Management under these Anti -Doping Rules establish a process designed to resolve anti -doping rule violation matters in a fair, expeditious and efficient manner.
7.1 Responsibility for Conducting Results Management 7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti-Doping Organisation that initiated and directed Sample collection (or, if no Sample collection is involved, the Anti-Doping Organisation which first provides notice to an Athlete or other Person of a p otential anti -doping rule violation and then diligently pursues that anti -doping rule violation).
7.1.2 In circumstances where the rules of a National Anti -Doping Organisation do not give the National Anti -Doping Organisation authority over an Athlete or other Person who is not a national, resident, license holder, or member of a sport organisation of that c ountry, or the National Anti -Doping Organisation declines to exercise such authority, Results Management shall be conducted by the WSF or by a third par ty with authority over the Athlete or other Person as directed by the rules of the WSF.
7.1.3 In the ev ent the Major Event Organisation assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conduct ed by a Major Event Organisation , or an anti -doping rule violation occurring during such Event , the case shall be referred by the Major Event Organisation to the WSF for completion of Results Management .
7.1.4 Results Management in relation to a potential whereabouts failure (a filing fa ilure or missed test) shall be administered by the WSF or the National Anti -Doping Organisation with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Managemen t. If the WSF determines a filin g failure or missed test, it shall submit that information to WADA through ADAMS , where it will be made available to other relevant Anti-Doping Organisations.
7.1.5 Other circumstances in which the WSF shall take responsibil ity for conducting Results Management in respect of anti -doping rule violations involving Athletes and other Persons under its authority shall be determined by reference to and in accordance with Article 7 of the Code.
7.1.6 WADA may direct the WSF to cond uct Results Management in a particular case.
If the WSF refuses to conduct Results Management within a reasonable deadline set by WADA , such refusal shall be considered an act of non -compliance, and WADA may direct another Anti-Dopin g Organisation with aut hority over the Athlete or other Person , that is willing to do so, to take Results Management responsibility in place of the WSF or, if there is no such Anti -Doping Organisation , any other Anti-Doping Organisation that is willing to do so.
In such case, th e WSF shall reimburse the costs and attorney's fees of conducting Results Management to the other 23 | P a g e Anti-Doping Organisation designated by WADA and a failure to reimburse costs and attorney's fees shall be considered an act of non -compliance.
7.2 Review and Notification Regarding Potential Anti -Doping Rule Violations The WSF shall carry out the review and notification with respect to any potentia l anti-doping rule violation in accordance with the International Standard for Results Management.
7.3 Identificati on of Prior Anti -Doping Rule Violations Before giving an Athlete or other Person notice of a potential anti -doping rule violation as provided above, the WSF shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organisations to determine whe ther any prior anti -doping rule violation exists.
7.4 Provisional Suspensions 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If the WSF receives an Adverse Analytical Finding or an Adverse Passport F inding (upon completion of the Adverse Passport Finding review process) for a Prohibited Substance or a Prohibited Method that is not a Specified Substance or Specified Method , it shall impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Article 7.2.
A mandatory Provisional Suspension may be eliminated if: (a) the Athlete demonstrates to a WSF Hearing Panel that the violation is likely to have involved a Contaminated Product., or (b) the violation i nvolves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1.
The WSF’s Hearing Panel’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not b e appealable.
7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances , Specified Methods , Contaminated Products , or Other Anti -Doping Rule Violations The WSF may impo se a Provisional Suspension for anti -doping rule violations not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8.
An optional Provisional Suspension may be lifted at the discretion of the WSF at any time prior to the WSF’s Hearing Panel’s decision under Article 8, unless provided otherwise in the International Standard for Results Management.
7.4.3 Opportunity for Hearing or Appeal Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Susp ension may not be imposed unless the Athlete or other Person is provided with: (a) an opportunity for a Provisional Hearing , either before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension ; or (b) an opp ortunity for an expedited hearing in accordance with Article 8 on a timely basis after imposition of a Provisional Suspension .
The imposition of a Provisional Suspension , or the decision not to impose a Provisional Suspension may be appealed in exped ited p rocess in accordance with Article 13.2.
7.4.4 Voluntary Acceptance of Provisional Suspension Athletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of: (i) the expiration of ten (10) days from t he report of the B Sample (or waiver of the B Sample ) or ten (10) days from notice of any other anti -doping rule violation, or (ii) the date on which the Athlete first competes af ter such report or notice.
Other Persons on their own initiative may voluntar ily accept a Provisional Suspension if done so within ten (10) days from notice of the anti -doping rule violation.
Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepting a Provisional Suspension , the 24 | P a g e Athlete or other Person may wit hdraw such acceptance, in which event the Athlete or other Person shall not r eceive any credit for time previously served during the Provisional Suspension.
7.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if requested by the Athlete or the WSF) does no t confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1.
In circumstances where the Athlete (or the Athlete's team) has been removed from an Event based on a viol ation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then if it is still possible for the Athlete or team to be reinserted, without otherwise affecting the Event , the Athlete or team may continue to take part in the Event .
[Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by the WSF, the internal review specified in thes e Anti -Doping Rules and the International Standard for Results Management Code must first be completed.
7.5 Results Management Decisions Results Management decisions or adjudications by the WSF must not purport to be limited to a particular geographic area or the WSF’s sport and shall address and determine without limitation the following issues: (i) whether an a nti-doping rule violation was committed or a Provisional Suspension should be impose d, the factual basis for such determination, and the specific Articles violated, and (ii) all Consequences flowing from the anti -doping rule violation(s), including applica ble Disqualifications under Articles 9 and 10.10, any forfeiture of medals or prizes , any period of Ineligibility (and the date it begins to run) and any Financial Consequences.
[Comment to Article 7.5: Each decision by the WSF should address whether an an ti-doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is l eft to the ruling body for an Event).
Pursuant to Article 15, such decision an d its imposition of Consequences shall have automatic effect in every sport in every country.
For example, for a determination that an Athlete committed an anti-doping rule viola tion based on an Adverse Analytical Finding for a Sample taken In -Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlete from the date the Sample was co llected through the duration of the period of Ineligibility are also Disqualif ied under Article 10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organisation’s responsibility to decide whether the Athl ete’s other individual results in the Event prior to Sample collection are als o Disqualified under Article 10.1.]
7.6 Notification of Results Management Decisions The WSF shall notify Athletes , other Persons , Signatories and WADA of Results Management decisions as provided in Article 14.2 and the International Standard for Results Management .
7.7 Retirement from Sport If an Athlete or other Person retires while the WSF’s Results Management process is underway, the WSF retains authority to complete its Results Management process.
If an Athlete or other Person retires before any Result s Management process has begun, and the WSF, would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti -doping rule violation, the WSF has authority to conduct Results Management .
[Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authority of any Anti -Doping Organisation would not constitute an anti -doping rule violation but could be a legitimate basis for denying th e Athlete or other Person membership in a sports organisation.]
ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING & NOTICE OF HEARING DECISION For any Person who is asserted to have committed an anti -doping rule violation, the WSF shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent Hearing Panel in compliance with the Code and the International Standard for Results Management .
8.1 Fair Hearings 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel 25 | P a g e 8.1.1.1 The WSF shall establish a Hearing Panel which has jurisdiction to hear and determine whether an Athlete or other Person , subject to these Anti -Doping Rules, has committed an anti -doping rule violation and, if applicable, to impose relevan t Consequences .
8.1.1.2 The WSF shall ensure that its Hearing Panel is free of conflict of interest and that its composition, term of office, professional experience, Operational Independence and adequate financing comply with the requirements of the International Standard for Results Management .
8.1.1.3 Board members, staff members, commission members, consultants and officials of the WSF or its affiliates (e.g.
the PSA, National Federations or confederations), as well as any Person involved in the inves tigation and pre -adjudication of the matter, cannot be appointed as members and/or clerks (to the extent that such clerk is involved in the deliberation process and/or drafting of any decision) of the WSF’s Hearing Panel.
In particula r, no member shall hav e previously considered any TUE application, Results Management decision, or appeals in the same given case.
8.1.1.4 The WSF’s Hearing Panel shall consist of an independent Chair and six (6) other independent members.
8.1.1.5 Each member shall be appoin ted by taking into consideration their requisite anti -doping experience including their legal, sports, medical and/or scientific expertise.
Each member shall be appointed for a once renewable term of three (3) years.
8.1.1.6 The WSF’s Hearing Panel shall be in a position to conduct the hearing and decision -making process without interference from the WSF or any third party.
8.1.2 Hearing Process 8.1.2.1 When the WSF sends a notice to an Athlete or other Person notifying them of a potential anti -doping ru le violation, and the Athlete or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2, then the case shall be referred to the WSF’s Hearing Panel for hearing and adjudication, w hich shall be conducted in accordance with t he principles described in Articles 8 and 9 of the International Standard for Results Management .
8.1.2.2 The Chair shall appoint three (3) members (which may include the Chair) to hear that case.
When hearing a case, one (1) panel member shall be a qualified lawyer, with no less than three (3) years of relevant legal experience, and one (1) panel member shall be a qualified medical practitioner, with no less than three (3) years of relevant medical experience.
8.1.2.3 Upon appointment by the Chair as a member of the WSF’s Hearing Panel , each member must also sign a declaration that there are no facts or circumstances known to him or her which might call into question their impartiality in the eyes of any of the parties, other than those circumstances dis closed in the declaration.
8.1.2.4 Hearings held in connection with Event s in respect to Athletes and other Persons who are subject to these Anti -Doping Rules may be conducted by an expedited process where permi tted by the WSF’s Hearing Panel.
[Comment to Article 8.1.2.4: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti -doping rule violation is necessary to determine the Athlete’s eligibility to participate in the Event or during an Event where the reso lution of the case will affect the validity of the Athlete’s results or continued participation in the Event.]
8.1.2.5 WADA, the National Federation and the National Anti -Doping Organisation of the Athlete or other Person may attend the hearing as observe rs.
In any event, the WSF shall keep them fully apprised as to the status of pending cases and the result of all hearings.
8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, the WSF’s Hearing Panel shall issue a written deci sion that conforms with Article 9 of the International Standard for Results 26 | P a g e Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a just ification for why the greatest potential Consequences were not imposed.
8.2.2 The WSF shall notify that decision to the Athlete or other Person and to other Anti-Doping Organisations with a right to appeal under Article 13.2.3 and shall promptly report it into ADAMS .
The decision may be appealed as provided in Article 13.
8.3 Waiver of Hearing 8.3.1 An Athlete or other Person against whom an anti -doping violation is asserted may admit that violation at any time, waive a hearing and accept the Consequences proposed by the WSF and may, if applicable, benefit from a Results Management agreement under the conditions set out in Article 10.8.
8.3.2 However, if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute tha t assertion within fifteen (15) days or the deadline otherwise specified in the notice sent by the WSF asserting the violation, then they shall be deemed to have admitted the violation, to have waived a hearing, and to have accepted the proposed Consequenc es.
8.3.3 In cases where Articl e 8.3.1 or 8.3.2 applies, a hearing before the WSF’s Hearing Panel shall not be required.
Instead the WSF shall promptly issue a written decision that conforms with Article 9 of the International Standard for Results Managem ent and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed.
8.3.4 The WSF shall notify that decision to the Athlete or other Person and to other Anti-Doping Organisations with a right to appeal under Article 13.2.3 and shall promptly report it into ADAMS .
The WSF shall Publicly Disclose that decision in accordance with Articl e 14.3.2.
8.4 Single Hearing before CAS Anti-doping rule violations asserted against International -Level Athletes , National -Level Athletes or other Persons may, with the consent of the Athlete the other Person , the WSF (where it has Results Management responsibility in accordance with Article 7) and WADA , be heard in a single hearing directly at CAS.
[Comment to Article 8.4: In some cases, the combined cost of holding a hearing in the first instance at the inte rnational or national level, then rehearing the case de novo before CAS can be very substantive.
Where all of the parties identified in this Article are satisfied that their interests will be adequately protected in a single hearing, there is no need for t he Athlete or the Anti-Doping Organisation to incur the extra expense of two hearings.
An Anti -Doping Organisation that wants to participate in the CAS hearing as a party or as an observer may condition its approval of a single hearing on being granted tha t right. ]
ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti -doping rule violation in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting Consequences , including forfeiture of a ny medals, points and prizes.
[Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified.
However, Disqualific ation of the team will be as provided in Article 11.
In sports which are not Team Sports but where awa rds are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti -doping rule vi olation shall be as provided in the applicable rules of the International Federation.]
ARTICLE 10 SANC TIONS ON INDIVIDUALS 10.1 Disqualification of Results in the Event during which an Anti-Doping Rule Violation Occurs 10.1.1 An anti -doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event , lead to Disqualification of all of the Athlete's individual results obtained in that Event with all Consequences , includin g forfeiture of all medals, points and prizes, except as provided in Article 10.1.2.